Intentional Infliction of Emotional Distress

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Submitted By Fran2014
Words 633
Pages 3
MEMORANDUM

RE: Intentional Infliction of emotional distress Relevant Facts

George worked for the Charlotte Bobcats based in Charlotte, NC. George has a contract that guarantees his employment with the Bobcats for a period of 5 years. Jerry, who is George’s boss, wants to get rid of him NOW. Jerry resolves to using tactics to make conditions with the Bobcats uncomfortable for George to entice him to quit. George eventually quits after Jerry turned off his air conditioner in mid-July and convinced others to not speak to George. Jerry also tapped George’s phone and played his personal conversations over the loud speaker. George sues Jerry for Intentional infliction of emotional distress.

Issue Presented

Under North Carolina Law, is George entitled to compensation based on the relevant facts of what Jerry did to force him to quit or did he fail to prove according to Jerry an adequate basis for liability.

Rules

In Watson v. Dixon, 130 N.C. App. 47 (1998), Sarah Watson sued Bobby Dixon and Duke University for intentional infliction of emotional distress. A claim for intentional infliction of emotional distress exists “when a defendant’s ‘conduct exceeds all bounds usually tolerated by decent society’ and the conduct causes mental distress of a very serious kind. Watson claimed Dixon made lewd sexual comments, touched her and engaged in inappropriate conduct over a period of several months. Duke University is a defendant because they failed to reprimand Dixon or stop him from causing harm to Watson who suffered a mental breakdown. Based on the definition of intentional infliction of emotional distress, the courts found that Dixon caused mental distress of a very serious kind. The courts dismissed Watson’s claims against Duke for assault, negligent infliction of emotional distress and negligent hiring and against Dixon for negligent…...

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